Advisory Opinion No. 98-53

Re: Marilyn J. Kiesel

QUESTION PRESENTED

The Petitioner, an East Greenwich Town Councilor, a municipal elected position, who is also a realtor and real estate broker, requests an advisory opinion as to whether she may participate in the consideration of a zoning change for a developer given that she and her private client had a meeting with the developer regarding the proposed new unit.

RESPONSE

It is the opinion of the Rhode Island Ethics Commission that the Petitioner, an East Greenwich Town Councilor, a municipal elected position, who is also a realtor and real estate broker may participate in the consideration of a zoning change for a developer where she and a private client met with the developer about the proposed unit, but where there are no active negotiations for the particular property at issue. The Petitioner represents that a brief meeting was held between the listing agent, the developer, the designer, her client, and herself. No agreements were entered into at or as a result of the meeting. Additionally, her clients have no plans to move ahead with a purchase and she does not foresee any ongoing contact. Given the lack of a current relationship between the developer and either the Petitioner or her clients, or one that is anticipated in the near future, the Petitioner does not have reason to believe or expect that a direct monetary gain or loss will occur by virtue of her participation as Town Councilor on the rezoning of property owned by that same developer. See R.I. Gen. Laws § 36-14-5(a). This is consistent with another advisory opinion recently issued by the Commission finding that a Narragansett Town Councilor could participate in a matter for the same developer with whom he had discussed the purchase of property, but where there were no active negotiations. See A.O. 97-8.

Code Citations:

36-14-5(a)

36-14-7(a)

Related Advisory Opinions:

97-8

96-61

Keywords:

Client's interest

Private employment